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A5.20 Who must not be granted a visa or entry permission

See also Immigration Act 2009 ss 11, 15, 16, 17, 73, 74, 83, 378

  1. Any person with specified convictions or who has been deported or excluded (see (b) below), or is likely to commit an offence or be a threat to the public order or interest (see (c) below) must not be granted a visa or entry permission, unless the person is a resident described in (d) or subject to immunity as described in (e), or unless the visa or entry permission is granted in accordance with:
    1. a special direction under section 17 of the Immigration Act 2009; or
    2. section 83 of the Immigration Act 2009 (Grant of limited visa in relation to criminal matters).
  2. Under section 15, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:

    Any person who -

    1. at any time (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of five years or more, or for an indeterminate period capable of running for five years or more; or
    2. at any time within the preceding 10 years (whether before or after the commencement of the Immigration Act 2009), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
    3. is subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009; or
    4. at any time (whether before or after the commencement of the Immigration Act 2009) has been removed or deported from New Zealand under any enactment; or

      Note: This provision does not apply to persons: deported from New Zealand under section 158 of the Shipping and Seaman Act 1952; or, deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act or, who were subject to a removal order under section 54 of the Immigration Act 1987, if the removal order has expired or had been cancelled; or, deported under the Immigration Act 2009, but is not, or is no longer, subject to a period of prohibition on entry under section 179 or 180.

    5. is excluded from New Zealand under any enactment; or
    6. has, at any time, been removed, excluded, or deported from another country.

    Paragraphs (b)(i) and (ii) above apply:

    • Whether the sentence is of immediate effect or is deferred or is suspended in whole or in part
    • Where a person has been convicted of two or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences
    • Where a person has been convicted of two or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.
  3. Under section 16 of the Immigration Act 2009, the following people are not eligible for a visa or entry permission to enter or be in New Zealand:

    Any person who the Minister has reason to believe:

    • is likely to commit an offence in New Zealand that is punishable by imprisonment; or
    • is, or is likely to be, a threat or risk to security; or
    • is, or is likely to be, a threat or risk to public order; or
    • is, or is likely to be, a threat or risk to the public interest; or
    • is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.
  4. Despite sections 15 and 16 of the Immigration Act 2009, entry permission must be granted to the holder of a:
    • permanent resident visa; or
    • resident visa granted in New Zealand; or
    • the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa.
  5. Despite section 15 or 16 of the Immigration Act 2009 a temporary entry class visa must be granted to a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971.

Effective 25/09/2023

IN THIS SECTION

A5.1 Visa applicants must meet character requirements

A5.5 Character checks

A5.10 Police certificates

A5.15 Summary of character requirements

A5.25 Convictions, false information and other matters which may cause applicants not to meet character requirements for residence

A5.30 Applicants normally ineligible for a residence or temporary entry class visa (risk to reputation)

A5.35 Residence applications usually deferred

A5.40 Applicants ineligible for a temporary entry class visa or entry permission (to 25/09/2023)

A5.45 Convictions, charges and other matters which may cause applicants not to meet character requirements for temporary entry

A5.50 Applicants normally ineligible for a temporary entry class visa (to 02/07/2021)

PREVIOUS IMMIGRATION INSTRUCTIONS

A5.20 Applicants ineligible for a residence class visa or entry permission (28/08/2017)

A5.20 Applicants ineligible for a residence class visa or entry permission (29/11/2010)

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